Self defense question

[Guest mklaglock19]

Just took permit course Saturday (100 written 97 range) so the wait has begun. While I wait I am trying to prepare. So my question is, if I am in my home drinking alcohol and someone forcefully enters and threatens me and my family am I still justified if I use deadly force.

[Guest Bronker]

Paging Mr. Fallguy...

I see it this simply, though I'm not an attorney.

1. Drinking alcohol in your home in Tennessee is legal.

2. Having a loaded firearm in your home (provided you may legally own firearms period) for self defense is legal.

3. Defending your home with said firearm is legal (see Castle Doctrine).

Looks legal to me:shrug:

[Guest m&pc9]

I say shoot.

And I didnt stay at a Holiday Inn.

[Oh Shoot]

Assuming your shoot is ruled justified, any weapons infractions under Part 39-17-13xx are waived. One of those is possession of handgun while under the influence.

"39-17-1322. Defenses.

A person shall not be charged with or convicted of a violation under this part if the person possessed, displayed or employed a handgun in justifiable self-defense or in justifiable defense of another during the commission of a crime in which that person or the other person defended was a victim."

- OS

[Stegall Law Firm]

I have advised folks in the past that it may be a good idea, for various reasons, to request a trip to the hospital after a self-defense shooting. If they take your blood and it comes back even at just say .03 then that doesn't look real good. Where something like that could really hurt is if the gun owner struck an innocent person and were sued. That BAC would be absolutely damning. Not only would it seal the plaintiff's case for negligence, it would probably be all over the media and the gun owner would become a pariah, a social outcast, in addition to very poor and sleep deprived. (Even if you don't get your blood taken, if you are sued it'll come out one way or another if you were drinking before the shoot.) I've been guilty of this myself before but it's true that guns and booze don't mix. As gun owners we are placed under a microscope, and if we're ever in a shooting situation everything we do will be analyzed and second-guessed by people who weren't there. So even in your own home you have to real careful. You just never know what's going to happen.

For various reasons, mostly health and financial, I've just about stopped drinking completely (not that I was an alcoholic or anything; really just a social drinker). I've found that I just don't need it, and it saves money. But that's probably for another thread.

[daddyo]

This is exactly WHY when I decided to carry, I gave up drinking for good. I take self-protection seriously enough that I won't take any unnecessary risks. Alcohol is an unnecessary risk.

[Fallguy]

Patrick probably said it better than I could.

I'd just add.. remember just because someone breaks into your house doesn't necessarly give you card blance to shoot. It just means it is presumed you were in reasonable fear imminent death or serious bodily harm. That fear is what is required to use deadly force, period, regardless of where you are. So in your home it just means the law starts with the presumption you were, but if it can be proven you weren't or that it wasn't reasonable, you could still be charged and convicted. Could a prosocuter and/or plantiff's attorney make an argument that the fear wasn't reasonable based on your level of intoxication?...perhaps. I mean if it's a "good" shoot the odds are less, but if it's questionable...well......

[Guest mklaglock19]

Thanks for all the responses. I rarely drink and when I do it is only 1 or 2 at the most but I just want to be prepared. I also want to add that I am 4'11 and weigh about 95 with 2 small children so if someone kicks in my door I think I have reasonable fear.

[vontar]

I am 300 pounds, 6' tall. if someone kicks in my door and comes in I have reasonable fear. I don't believe they are there for tea and good conversation.

Not a lawyer, nor do I have a habit of staying a nice hotels and waking up feeling smart.

[CQB Elite]

Mr. Stegall summed it up pretty well. I'd imagine that your level of intoxication at the time of the shoot is going to be 1 small detail in the big picture. If you are sued the plaintiff attorney is going to dig deeper. They are going to look at your level of training, how much experience you have with firearms and the firearm you used, do you have any speciialized training (retired Navy SEAL or ninja?), any customizations to the firearm, and so on. IMO the schools teaching the HCP classes should never document a score for the range part- it should only be PASS/FAIL.

As far as criminal charges- I would hope that the prosecutor would have half a brain and not file charges.

As for me- someone busts is my door and they are going to the morgue.. I'm positive I'll be able to articulate the circumstances....

[Guest FHTMcrt]

I can only tell you what I've decided is right for me: I stopped drinking shortly after I began taking flying lessons about 10 years ago. I didn't want to ever be in a position where I could't go flying anytime I wanted to do so. If I hadn't stopped then, I certainly would have after I got my HCP and began to realize the tremendous responsibility I had taken on. Now, I NEVER have to worry about driving or flying impaired, and I NEVER have to worry about someone questioning my judgement in the use of my firearm because I'd been using alcohol. That's what works for me.

[partypilot1]

I can only tell you what I've decided is right for me: I stopped drinking shortly after I began taking flying lessons about 10 years ago. I didn't want to ever be in a position where I could't go flying anytime I wanted to do so. If I hadn't stopped then, I certainly would have after I got my HCP and began to realize the tremendous responsibility I had taken on. Now, I NEVER have to worry about driving or flying impaired, and I NEVER have to worry about someone questioning my judgement in the use of my firearm because I'd been using alcohol. That's what works for me.

I thought that was the beginning of a good story. I'm, however, on the opposite side of the spectrum and drink so I can't be called in to fly, haha

[G27]

For various reasons, mostly health and financial, I've just about stopped drinking completely (not that I was an alcoholic or anything; really just a social drinker). I've found that I just don't need it, and it saves money. But that's probably for another thread.

Interesting - I cam to the same conclusion early this year myself, really been pushing myself to get in better shape and it doesn't make sense to me anymore.

But it really struck me one night late last year when I was sipping some bourbon and heard something by the back door. Turned out to be an animal, but it really made me think about how much more difficult proving my innocence might be if I had alcohol on my breath when the cops showed up...

[Fallguy]

Interesting - I cam to the same conclusion early this year myself, really been pushing myself to get in better shape and it doesn't make sense to me anymore.

But it really struck me one night late last year when I was sipping some bourbon and heard something by the back door. Turned out to be an animal, but it really made me think about how much more difficult proving my innocence might be if I had alcohol on my breath when the cops showed up...

If someone breaks into your house...and you have "to prove your innocence" there is something wrong with sytem regardless of whether you've had a drink or not.

[G27]

If someone breaks into your house...and you have "to prove your innocence" there is something wrong with sytem regardless of whether you've had a drink or not.

Indeed, but are you suggesting there's not something wrong with the system?

[Fallguy]

Indeed, but are you suggesting there's not something wrong with the system?

Negative....lol Very good point of course...

[Guest nicemac]

Indeed, but are you suggesting there's not something wrong with the system?

There is a LOT wrong with the system!

[JAB]

I can't/don't drink much, at all, right now due to health issues that may or may not eventually prove to be permanent. I am also not a lawyer and don't even watch 'courtroom dramas' on television all that much. That said, I will not be a prisoner in my own home, unable to even have a beer or glass of wine with dinner occasionally just because some low-life scumsucker might decide to break into my house. I mean, how far do we take it? I have a bad cold and can't sleep but I'm afraid that if I take NyQuil and have to shoot someone who is invading my home then the DA might say I was impaired? My allergies are flaring up but I dare not take any Benadryl before I go to bed just in case I have to shoot an intruder in the middle of the night?

[CQB Elite]

If someone breaks into your house...and you have "to prove your innocence" there is something wrong with sytem regardless of whether you've had a drink or not.

+1

[vontar]

Indeed, but are you suggesting there's not something wrong with the system?

Needing the permit for law abiding citizen's is the first sign there is something wrong with the system.

[BlackHawk93]

As several others stated, getting my HCP made me more appreciative of the right to carry and therefore I stopped drinking and started driving the speed limit, etc., just so I don't get myself into any kind of trouble that would jeopardize my ability to carry.

Edited April 2, 2011 by BlackHawk93

[Guest Bronker]

There is a LOT wrong with the system!

We have evolved from a Justice system to a Legal System. Big difference, and therein lies the problem. He who can afford the best lawyers and the longest trial, wins.

[Fallguy]

We have evolved from a Justice system to a Legal System. Big difference, and therein lies the problem. He who can afford the best lawyers and the longest trial, wins.

Sort of like we now have Law Enforcement Officers instead of Peace Officers.